You can appeal against any decision of the court of first instance, including the verdict in a criminal case. Sometimes filing a complaint is the last real opportunity to reverse or change an unjust decision, to achieve justice. Most often, convicts express disagreement with the verdict, but in some situations, the victims are dissatisfied with too mild punishment or qualification of the crime - they, like the public prosecutor, have the right to appeal. What are the deadlines for filing an appeal in a criminal case, how to file a complaint and where to file - read in our article.

What is an appeal

The Court of Appeal is a judicial body of second instance that reviews the decision of a lower court and puts an end to the proceedings. Appeal consideration is, in general, a test of the legality of the initial judicial opinion on the case.

It should be understood that the court of appeal can be both a district court (a session of one judge), and a regional one, as well as the Supreme Court (a session with the participation of three judges). In practice, it looks like this:

• when a justice of the peace of a judicial district passes a sentence, the district court is considered to be the appellate instance.
  For example: Pavlov R.Z. was convicted by the verdict of the magistrate of section No. 1 of the Leninsky District Court of the city of Kirov under Art. 119 of the Criminal Code of the Russian Federation. Lawyer Pavlova R.Z. disagreed with the decision and appealed it to the Leninsky District Court of Kirov.
• When a district court passes a sentence, the appellate instance is a court of regional or regional significance.
  For example: Lozhkin G.R. was convicted by the verdict of the Petrovsky City Court of Vladimir. He wrote a complaint about the revision to the Vladimir Regional Court.
• when sentencing by a regional court, the second instance is the Supreme Court.
  For example, a jury in the Kemerovo region delivered a verdict of not guilty in a double murder. In order to cancel the acquittal, the representatives of the victim wrote a complaint to the Supreme Court of the Russian Federation.B.

The complaint is filed through the court that made the original decision. That is, the complaint itself is submitted to the office of the court of first instance, although it is addressed to a higher court.

What can be complained about

So, any verdict (guilty or acquittal) can be appealed. In addition, an appeal can be filed:

• to a decision to dismiss the case on various grounds. The judge has the right to terminate a criminal case when imposing a court fine, as a result of reconciliation of the parties, subject to certain conditions (more details in the article), as well as on an amnesty, after the statute of limitations, etc. Let's take an example. In September 2015, for a crime of minor gravity, the court issued a decision to terminate the criminal in connection with an amnesty in honor of the 70th anniversary of Victory in the Great Patriotic War (such an amnesty was actually announced in May 2015). The victim, who did not agree with this outcome of the case, appealed against the decision.
• to a court order on the choice of a measure of restraint. The court chooses detention or house arrest, as well as bail. Other restrictive measures to persons under investigation are applied by the decision of the investigator.
• on the decision, which is issued following the results of consideration of the complaint filed in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation- on the actions of officials of the police, the investigative committee, the prosecutor's office. For example, Serov E.N. appealed to the court against the refusal to open a criminal case. At the meeting, the materials of the case were checked, it was decided to refuse to satisfy the application of Serov E.N., who, not agreeing with this, decided to appeal.
• against judge's orders regarding parole, removal of a criminal record, reversal of probation, or extension of probation.

It is necessary to know that court decisions adopted during the proceedings at the request of the participants in the process are not subject to separate appeal. This means that the parties have the right to express their disagreement with interim decisions in a criminal case only in an appeal against the final decision, that is, against the court verdict.

Example. When considering the robbery case, the defense side filed a petition to exclude the protocol of the inspection of the scene from the evidence, but the court refused to satisfy it. The defender wrote an appeal against the refusal, but the proceedings on it were not initiated, the regional court pointed out that it was impossible to consider it and recommended that his arguments be presented in a complaint against the verdict, which would take place at the end of the proceedings.

Other examples of so-called "intermediate decisions" may be decisions on petitions for the appointment of an expert examination, on the summoning of additional witnesses, on the admission of a public defender, on the retrieval of documents or audio recordings, etc. All these decisions are not appealed separately.

Timing

The general time limit set for filing an appeal in a criminal case is 10 days. The countdown starts from the date following the pronouncement of the verdict. In practice, there are cases when this period is actually exceeded:

1. If the 10th day of the deadline falls on a holiday or weekend, the appeal may be filed on the first working day after the non-working day.
   For example, the verdict was passed on 06/01/2019, Friday. The 10th day falls on June 11, that is, a non-working day due to the transfer of the Saturday holiday. June 12 - Independence Day, a holiday date. Therefore, in fact, the period for appeal in this case is 12 days, ending on June 13 inclusive.
2. Usually the complaint is submitted to the court office, but in some cases it is sent by mail (regardless of registered or ordinary). The stamp of acceptance by the post office, available on the envelope, is a confirmation of the date of delivery of the letter. If such a date is within the 10-day period, even if the letter actually arrives late at the court office, the period is considered to be met.
   Let's take an example. Kostin A.V. was convicted by a verdict on 04/02/2019 - accordingly, the appeal period ends on 04/12/2019. Kostin A.V. I did not have time to submit my complaint before the end of the working day of the district court (until 17:30), so I sent it by letter at 20:00 through the post office, as evidenced by the stamp. In fact, the envelope arrived at the office only on April 16, 2019, but under the circumstances described, the convict "fit" in the 10-day period.
3. For convicts who are in custody, 10 days begin to run from the day after the actual delivery of a copy of the verdict. In such a case, a separate application for reinstatement of the pass is not required to file a complaint.
4. For the rest of the convicts, their defense lawyers, as well as for the victims and the public prosecutor, the time missed for a good reason is subject to restoration at the request. The request to restore the appeal period may be reflected in the complaint itself. In addition, a request for the restoration of the term can be made separately:

To the Leninsky District Court of Kirov
sentenced by Leninsky
District Court of Kirov dated 04/02/2019
Pletnev Igor Alexandrovich

PETITION
On the restoration of the missed period of appeal

By the verdict of the Leninsky District Court of Kirov dated April 2, 2019, I was convicted under Part 1 of Art. 228 of the Criminal Code of the Russian Federation to 1 year of imprisonment with serving in a colony-settlement. I do not agree with the verdict and filed an appeal.

The verdict was proclaimed on 04/02/2019, but I actually received a copy of it on 04/18/2019, as evidenced by the note in the case.

Based on the above, guided by art. 389.5 Code of Criminal Procedure of the Russian Federation,

To restore the time limit for appealing against the sentence of the Leninsky District Court of Kirov dated April 2, 2019.

Calculate the period from 04/19/2019 - that is, from the next day after the actual delivery of a copy to me.

Pletnev I.A., 04/19/2019

As can be seen from the sample application, it is drawn up in free form, but with the obligatory indication of the reason why you missed the deadline (receipt of a copy after the 10-day deadline - due to a business trip, illness, postal work, etc.). In other words, you must substantiate your request to give you the opportunity to challenge the verdict. At the end of the application, you must indicate from what date, in your opinion, the new 10-day period for appeal should be calculated.

The motion is considered by the same judge who delivered the sentence. In some cases (holiday, business trip, illness of a judge) consideration by another judge is also allowed, on behalf of the chairman. Based on the results of consideration of the petition, the court issues a separate decision. If the specified reason is recognized as valid, the period is restored. If the court considers the reason for the absence to be unreasonable, a decision is made to refuse to restore the 10-day period - in this case, the applicant has the right to appeal the decision separately.

The term for filing a complaint against a decision on the choice of a measure of restraint in the form of detention or house arrest has been reduced, it is 3 days. The same period is set aside for appealing against the extension of the measure of restraint.

Who has the right to appeal

The Criminal Procedure Law gives the right to appeal to the following participants in the process:

1. The convict and his defender

Representatives of this side of the case most often use the right to contest. The convict may not agree with the fact that he was found guilty or only with the punishment imposed. The lawyer and the client can make one complaint for two or each separately. Complaints cannot contradict each other - this is unacceptable under the provisions on lawyer ethics. If the client considers the application of one or another article of the criminal code to be incorrect, the defense counsel is not entitled to express an opposite opinion on the same criminal case.

In some cases, along with a lawyer, the interests of the accused are represented in court by a public defender (sometimes there are several of them), who also has the right to appeal.

The legal representative also has this opportunity. For example, if the convicted person has not reached the age of majority, the parents have the right to appeal for him, but only those who are recognized as an official representative. This does not deprive the minor of the right to appeal against the sentence, along with the mother or father.

2. The victim, his legal representative or the lawyer of the victim (in those cases where he is involved)

Usually, the injured party does not agree with a lenient punishment or the exclusion of part of the charge from the defendant's criminal activity. One of the representatives of the victim's side is the public prosecutor - he also has the right to express disagreement with the verdict on various grounds, to file an appeal (similar to a complaint). In some cases, the opinion of the public prosecutor may not coincide with the opinion of the victim. Since the prosecutor is obliged to exercise supervision not only over the observance of the criminal law, but also over the very procedure for considering the case, representations can be made even in the absence of complaints from the victim.

3. Civil plaintiff or defendant

In criminal cases, the status of the defendant does not always coincide with the status of the accused in one person. So, if a fatal accident was committed as a result of driving a car owned by an organization, the claim of the victims can be addressed not only to the culprit who was driving, but also to the employer. Subsequently, if the employer does not agree with the verdict in part of the claim, he has the right to use the opportunity to appeal. So is the civil plaintiff: if the rights of other persons are affected by the crime, they can be brought as plaintiffs with the right to appeal.

Who does not have the right to appeal

Under no circumstances can an appeal be filed against a court decision in a criminal case:

• witness . The status of a witness involves more duties than rights. Thus, a witness has no right to refuse to testify, cannot ask questions to the court or participants in the process, and must not evade appearing in court. In addition, the witness cannot appeal against the verdict.
• specialist, expert. These are external persons whom the court or participants in the proceedings invite to give explanations about their special knowledge. After these explanations are given, specialists do not participate in the meeting and are not entitled to file complaints against court decisions.
• investigators and other representatives of law enforcement agencies involved in the investigation(except for the prosecutor). These are officials who do not have the right to influence the decision of the court by appeal.
• other persons who are not parties to the case.

What to write about in a complaint

The main requirements for filing an appeal are:

1. First you need to write the name of the court of second instance where you want to appeal the verdict. This may be the regional, regional court of the region where the district decision was made. In Moscow, the second instance for district sentences is the Moscow City Court.
2. Information about the author of the complaint - usually this information is located at the end of the text and includes not only the full name and address of residence, but also the status - the victim, the accused, etc. If the complaint is made by a convict in custody, it is necessary to indicate where exactly he is staying - that is, in which pre-trial detention center. It is especially important to indicate their status to those who did not actually take part in the process, but at the investigation stage were recognized as victims or accused. For example, if the victim fails to appear at the court session, with the consent of the opposite side, his investigative testimony can be read out. In some cases, in cases of minor gravity, the law also allows the defendant not to participate in the hearing, which does not deprive him of the right to subsequently appeal the verdict or decision.
3. Information about the sentence - against whom it was pronounced, when and by what court, what measure of punishment was determined if the accused was found guilty. If a complaint is filed against an acquittal, it is necessary to indicate on what grounds the court did this (due to the absence of a corpus delicti or event of a crime, lack of evidence, etc.).
4. Additional documents to which there is a link in the text and which have not been previously submitted to the court of first instance must be attached to the complaint. Those materials or their copies that are already in the volumes of the criminal case should not be attached. At the same time, in the complaint, it is possible to draw the attention of the judicial board to certain documents that were previously studied, but were incorrectly interpreted, or not fully studied. It is better to indicate the sheets of the case and the number of the volume where such evidence is located - this will be convenient for the collegium of second instance.
   The request to examine specific evidence may also be set out in a separate written motion filed on appeal.
5. The complaint must indicate whether the author wishes to participate in the judicial review. Often, the participants in the proceedings do not seek to be present at the appeal proceedings and ask that the ruling be sent to them by mail.
6. At the end of the text must be signed and numbered.

The most important text part of the appeal is the arguments about disagreement with the decision in the first instance. It is unacceptable to assert unfoundedly about the illegality of the verdict - this can lead to a refusal to accept the complaint. Be sure to indicate why you consider the result of the proceedings unlawful, while focusing on the grounds on which you can cancel the sentence or decision.

Grounds for annulment or change of sentence

This is indicated in article 389.15 of the Code of Criminal Procedure of the Russian Federation. Before writing a complaint, you need to study this norm of the procedural law and compare the violations that are in the verdict or case with each of the grounds for its cancellation (the list is exhaustive):

Inconsistency of the conclusions of the court with the actual circumstances of the case

Often this means that the court has drawn completely different conclusions compared to the indisputably established facts. For example, Filimonov A.R. provided the court with train tickets indicating a trip in January 2019 to the city of Krasnodar. Despite this, the court indicated in the verdict that Filimonov was present on January 21, 2019 when the victim was beaten in the city of Simferopol, while there are no reasons why travel documents were not taken into account. Here, a reliable fact is distorted by the court, which means that there are grounds for cancellation.

In a different interpretation, the inconsistency of the conclusions is sometimes expressed in the presence of contradictions in the court decision. Thus, the court is obliged to comprehensively examine the evidence presented by both the defense and the prosecution, and then draw its conclusions about guilt or innocence. In some cases, in the text of the same verdict, the court refers to conclusions that contradict each other. This is also grounds for annulment of the judgment.

Example. Ozerov P.O. was convicted by the verdict of the Prigorodsky District Court of Tambov for committing a theft with penetration into someone else's house. The court said so in its verdict: “…. the position of the defendant that he was not on April 20, 2019 near the house 5 on the street. Denisov, belonging to the victim, is refuted by the testimony of the witness A.V. Petrov.” Further in the text, the judge indicated that the arguments of the public prosecutor that on 04/20/2019 Ozerov was on the street. Denisov, nothing confirmed. In this case, there are significant contradictions, because of which it becomes unclear what the court came to after all. This verdict was overturned by the appellate court due to the inconsistency of the conclusions with the actual circumstances, which was expressed precisely in the presence of conflicting conclusions.

Significant violation of criminal procedure law

There are practically no criminal cases in which there is not a single violation of the Code of Criminal Procedure committed by an investigator or interrogating officer (with rare exceptions). At the same time, not every violation of the criminal procedure law entails an acquittal. The Supreme Court instructs the district courts to consider each piece of evidence for its admissibility and relevance to the fact of the crime, and draw conclusions only on the basis of an analysis of all the evidence. Sometimes the judges themselves allow a violation of the proceedings, which is considered a significant violation of the law.

An example of an unconditional ground for setting aside a judgment is:

• absence of the judge's signature in the protocol of the court session;
• failure to explain the rights of the convict;
• the absence of a lawyer during the interrogation at the court session, or the refusal of a request to familiarize with the case materials;
• consideration of the case by a judge who has previously participated in the proceedings (for example, as a secretary or prosecutor);
• failure to give the defendant the last word.

This is not an exhaustive list of violations that are considered material. In each case, this issue is resolved individually.

Misapplication of criminal law

We are talking about an incorrect qualification of the deed or an incorrect conclusion on the application of the general norm of the Criminal Code of the Russian Federation - for example:

• recidivism of crimes is unreasonably taken into account, when in fact its signs are absent (or vice versa, relapse is not taken into account if it exists);
• Mitigating or aggravating circumstances are incorrectly identified;
• incorrectly used the rules for adding up punishments for several crimes or for several decisions;
• the type of colony is incorrectly determined, etc.

Circumstances indicating the need to return the case to the prosecutor

Such circumstances arise when the investigation has committed such violations of the criminal procedure law, in the presence of which no decision can be made at all (neither an acquittal, nor a guilty verdict, nor termination). For example, when a case is sent to court, the indictment of which does not indicate the place, time, or method of committing an unlawful act. In this case, it is clear from the materials that the crime was committed and there is evidence of guilt, but it is not possible to make a decision, because the objective circumstances have not been established or are not reflected in the charge. The judge may also return the case to the prosecutor if a copy of the indictment is not handed over to the defendant.

Failure to comply with the terms of the pre-trial agreement with the investigation

If the defendant agrees to cooperate with law enforcement agencies and signs an agreement to this effect, he is obliged to expose other participants in the crime, help in solving the incident and in finding material evidence. In exchange for this, the law allows the guilty party to be given no more than half of the maximum punishment, which is provided for by an article of the Criminal Code of the Russian Federation. If the verdict is passed, but the appellate instance notices the non-compliance with the terms of the pre-trial agreement, it has the right to cancel the decision of the first instance.

The injustice of the sentence

This is the basis most often mentioned in the complaints of convicts. The Criminal Procedure Code of the Russian Federation provides that the sentence can be changed or canceled if its excessive severity is established. For example, when a person brought to justice for the first time is assigned a real deprivation of liberty, or a minor convict is sentenced without taking into account special benefits, etc.

In some cases, victims may appeal against the sentence due to excessive leniency. This is also grounds for cancellation if the appeal reveals an unreasonable reduction in the term - for example, when unconfirmed mitigating circumstances, a non-existent illness of the accused, etc. were taken into account when sentencing.

Forms of appeal in a criminal case

We present to the attention of the reader various options for samples:

Complaint of the convict (most often filed)

To the Judicial Board

in the case of Morozov N.G.

APPEALS

By the verdict of the Zavodskoy District Court of Arkhangelsk dated April 12, 2019, I was convicted under Part 2 of Art. 162 of the Criminal Code of the Russian Federation to 5 years in prison in a strict regime correctional colony.

From the very beginning of the investigation, I admitted my guilt in committing robbery, helped to identify and detain the rest of the members of our criminal group. At the court session, I confirmed my grateful position, apologized to the victim, agreed with the claim and am ready to pay her the damage caused.

I do not agree with the verdict of the court, since all the above circumstances were not taken into account when imposing such a severe punishment on me. Please also take into account that I have a heart disease (medical documents are attached), which was diagnosed after the verdict was announced. In addition, my elderly parents are dependent on me, whom I supported and helped around the house in recent years. They can't do it without me.

Based on the above, guided by Article.Article. 389.1 and 389.18 Code of Criminal Procedure,

The verdict of the Zavodskoy District Court of Arkhangelsk dated April 12, 2019 is to be changed: to reduce the sentence imposed on me to 2 years in prison.

Consider the appeal in my presence and in the presence of my lawyer.

Convicted Morozov N.G.,
17.04.2019.

Victim's appeal

Basically, the victims of the crime are dissatisfied with the decision in terms of a civil suit or, in their opinion, too lenient punishment for the perpetrator. Almost always, the complaint of the injured party is filed against an acquittal.

To the Judicial Board
on criminal cases of the Voronezh
regional court
victim Nikolsky T.Oh.
in the case against Rodionov E.L.,
Mishina R.R.

APPEALS

By the verdict of the Zarechensky District Court of the city of Voronezh dated April 20, 2019, Rodionov E.L. and Mishin R.R. convicted under Art. 158 of the Criminal Code of the Russian Federation to 2 years in prison, for attempted murder, these persons were acquitted due to the lack of corpus delicti.

I believe that the court's decision does not meet the requirements of legality, validity and fairness, as required by Article 297 of the Code of Criminal Procedure of the Russian Federation.

The court concluded that there were no signs of a crime under Art. 105 of the Criminal Code of the Russian Federation, contrary to the actual circumstances that were established by the investigation.

So, in the confession of the convicted Rodionov E.L. indicated that he, along with Mishin R.R. intended to inflict death on me, that is, to kill me. From the testimony of witness N.E. Matrosov it follows that he heard how Rodionov and Mishin agreed on the commission of the murder. From the conversation it was clear that Rodionov would have to bring a hunting rifle to house 50 on 09/30/2018 on 09/30/2018. Spring, that is, to my place of residence.

Thus, the court, justifying Rodionov and Mishin under Part 3 of Art. 30, part 1, art. 105 of the Criminal Code of the Russian Federation, did not take into account the factual data, made incorrect conclusions, thereby depriving me, as a victim, of the right to restore social justice and compensation for the moral damage I suffered as a result of the failed attempt on my life.

Based on the above, guided by Article.Article. 389.1, 389.16 Code of Criminal Procedure

The verdict of the Zarechensky District Court of Voronezh dated April 20, 2019 is canceled, the case is sent for a new trial to the same court in a different composition.

I request that the complaint be considered in my absence.

Nikolsky G.O.,
25.04.2019

Brief appeal

It happens that a participant in the process has not yet received a copy of the verdict, and the 10-day appeal period is already coming to an end. Yes, we already wrote that it is possible to file a petition for its restoration, but this option is more suitable for those who find out about the trial by accident. If you control the term and see that it is running out, it is permissible to write a short appeal, without specifying specific circumstances and facts, and after receiving a copy of the verdict, draw up an additional one. This way, you will not have to apply for a reinstatement of the 10-day period, as the complaint will be considered filed on time.

To the Judicial Collegium of the Samara Regional Court

SHORT APPEALS

I, Makarova Elena Viktorovna, am the legal representative of Makarova S.N., convicted by the verdict of the Zavodskoy District Court of Samara dated April 25, 2019, found guilty of robbery, under clause “d”, part 2 of Art. 161 of the Criminal Code of the Russian Federation.

I believe that the verdict does not meet the requirements of legality, validity and fairness, and is subject to cancellation. The court committed significant violations of the criminal procedure law, the criminal law was incorrectly applied, the conclusions do not correspond to the actual circumstances of the case.

I undertake to submit the full text of the appeal after receiving a copy of the verdict.

Makarova E.V., mother of a minor Makarova S.N.

After receiving a copy of the verdict, you need to write an addition to your short appeal. If such additions are not received, the court has the right to return the short version to the author without consideration.

To the judicial board of Samara
regional court
legal representative of a minor
convicted Makarov S.N., born in 2002

ADDITIONAL APPEALS

On 05/05/2019, I, Elena Viktorovna Makarova, the legal representative of the convicted S.N. Makarov, filed a brief complaint about disagreement with the verdict of the Zavodskoy District Court of Samara dated 04/25/2019.

I received a copy of the judgment on May 7, 2019. As an addition, I draw the attention of the judicial board to the following violations of the law committed by the court of first instance.

In imposing punishment on the minor Makarov, the court did not take into account mitigating circumstances - his minority and full compensation for harm to the victim. The case contains a receipt from the victim Nemov R.P. that he was reimbursed for the cost of the stolen TV, my son apologized to him and Nemov does not insist on severe punishment.

Thus, the sentence of the Zavodskoy District Court of Samara dated April 25, 2019, by which my son Makarov S.N., born in 2002, was sentenced to imprisonment in an educational colony, is unfair and does not correspond to the personality of the convict.

Based on the above, guided by Article.Article. 398.1, 389.18 Code of Criminal Procedure

The verdict of the Zavodskoy District Court of Samara dated April 25, 2019 in respect of Makarov Sergey Nikolaevich, born in 2002, to change.

Apply the rules of Art. 73 of the Criminal Code of the Russian Federation, appoint a probationary period to the convict.

I ask you to consider the complaint in my presence.

Makarova E.V., legal representative of the minor Makarova S.N.

An additional appeal may be filed at least 5 days before the scheduled hearing date. Otherwise, the addition is left without the attention of the Judicial Board. In addition, grounds that were not written in a brief complaint cannot be included in the addendum. Therefore, in the original text, you must immediately indicate all the grounds for cancellation (we wrote about them above), so as not to encounter a return of the complaint.

objections

By analogy with civil proceedings, where the opposing party almost always responds to a claim in writing, each participant in the criminal process has the right to file objections to an appeal.

In fact, this is a disagreement with the appeal. The criminal procedural legislation does not provide for strict rules for filing objections. The right to object is enshrined in Art. 389.7 Code of Criminal Procedure of the Russian Federation. Objections can be filed at any time before the case is considered on appeal. If, for example, you forgot to indicate something in the first objections, you can file additional ones, and their number is not specified by law.

The text itself is in free form. The main thing is to make it clear what you are writing about and to which case and sentence your opinion relates. Sample:

To the Judicial Board
Arkhangelsk Regional Court
in the case of Morozov N.G.

OBJECTIONS TO
APPEALS
convicted Morozova H.T. in accordance with Art. 389.7

Morozov N.G. convicted under Part 2 of Art. 162 of the Criminal Code of the Russian Federation to 5 years in prison in a strict regime correctional colony.

In his appeal, the convict writes that he admitted his guilt and contributed to the disclosure of the crime, apologized to me as a victim. In addition, Morozov wrote about his state of health and asks to reduce the sentence to 2 years in prison.

With the arguments of the convicted Morozov N.T. I do not agree. Firstly, no apologies Morozov N.G. didn't bring me. Moreover, during the trial, I received threatening calls on my cell phone in order to change my testimony. I believe that N.G. Morozov was the initiator of these anonymous calls.

Secondly, I was not compensated for material damage: the convict did not tell the investigation where the property stolen from me was located, therefore, Morozov N.G. did not contribute to the investigation. did not have.

Thirdly, Morozov N.G. - a dangerous criminal who has been repeatedly convicted of acquisitive crimes, including robbery. During the robbery, he behaved aggressively, I really feared for my life. I think that people like Morozov should be sentenced to a long term of imprisonment.

I fully agree with the verdict and believe that there are no grounds for reducing Morozov's punishment.

Based on the foregoing, guided by Article 389.7 of the Criminal Procedure Code of the Russian Federation,

The verdict of the Zavodskoy District Court of Arkhangelsk dated April 12, 2019 is left unchanged, the appeal of the convicted Morozov N.G. - without satisfaction.

The victim Morozova P.R.,
25.04.2019.

To draw up objections, you need to know what the other party to the proceedings writes about in his complaint. A copy of it must be handed over to you by the court before the case is sent to the judicial board of a higher instance. If for some reason a copy of the complaint was not served, it is necessary to contact the assistant or secretary of the judge who passed the sentence.

The procedure for considering an appeal

The main rules for the consideration of the case in the second instance are as follows:

1. If the appeal is appointed by the district court (for example, when the decision of the justice of the peace is appealed), then the second instance session begins no later than 15 days from the moment the criminal case arrives at the office.
   If the appeal is appointed in the regional or regional court, then no later than 30 days (in the Supreme Court - 45 days). Within this period, you can file a withdrawal of the appeal if the opinion of its author has changed and for some reason he changed his mind about reconsidering the sentence.
2. How long does an appeal take? It is assumed that the decision of the second instance will be issued on the appointed day. At the same time, in some cases, if additional investigation of the case materials is necessary, with a valid reason for the non-appearance of the participant who insisted on his presence, the case may be postponed to another date, within a two-week period. The term for considering a complaint against a measure of restraint is 3 days from day of receipt of the material in the office of the regional court.
3. When scheduling a meeting, the Court of Appeal must notify all participants at least 7 days before the date of the meeting. Convicts held in a pre-trial detention center can participate in the consideration by means of a conference call - that is, in fact, they are not taken to the courtroom.
4. The public prosecutor, the defense counsel, the legal representative of the minor convict always participate in the court session. The convict and the victim participate if there is a request for their presence. The court in some cases may recognize the participation of the convict as mandatory (most often it happens) regardless of whether such a request has been received.
5. At the beginning of the court session, the secretary announces who has appeared. The judge reports what case is being considered and whose complaint was received, who raised objections.
6. Appeals can include motions and statements. For example, about the study of certain evidence, the minutes of the court session of the initial proceedings, etc.
7. The court hears the opinion of the parties in the case, usually coinciding with the content of their complaints or objections. You can refuse your complaint at any time before the removal of the judge (or the panel of judges, if it is a regional court) to the deliberation room. This can be done orally - then the statement will be recorded in the minutes. In case of refusal, the proceedings are terminated, if there are no other complaints.
8. After examining the case materials and other evidence, the court proposes to proceed to the debate, that is, to the final statements regarding the decision of the court of first instance. The first to speak is the one who appealed the verdict. At the end, the convict is given the last word.
9. The court retires to the deliberation room, after some time (from several minutes to several hours) returns, announces the decision, by which:
   • the verdict can be completely or partially canceled, the case is sent for a new trial (in some cases, the case may be sent to the prosecutor to remove obstacles to the consideration);
   • the verdict was overturned and a new verdict issued;
   • the verdict was upheld.

On the day of pronouncement, the appeal decision enters into legal force. Since that time, the verdict can be appealed again, but already in the cassation procedure.

Who can file an appeal in criminal proceedings?

Consideration of the appeal proceedings in a criminal case should begin with determining the circle of persons who have the right to appeal to the appellate instance.

First of all, the parties to the process, that is, the accused, the convicted person, the person against whom the criminal prosecution was conducted, the acquitted, the victim, etc., have the right to appeal in a criminal case. In addition, the private prosecutor, the prosecutor and representatives of the parties have the right to appeal .

The rest of the participants in the criminal process are also entitled to appeal against court decisions, but only to the extent that directly affects their rights (interests). If a civil claim is filed within the framework of this process, then the civil plaintiff (or the civil defendant or representatives of the mentioned persons) has the right to appeal against the court decision in part of the decision taken on it.

It is important to note that relatives of the participants in the criminal process, witnesses and other persons who are related to the parties to the process, but are not themselves, are not entitled to file a complaint against the court decision.

What exactly can be complained about?

The procedure for appeal proceedings provides for appealing:

• a sentence or other final court decision in a case that has not entered into legal force;
• judgments issued within the framework of one trial, that is, the so-called interlocutory decisions.

Where to file a complaint?

The next issue to be considered concerns the court to which an appeal in a criminal case is filed.

You need to apply to the court that issued the decision. This judicial body, at the end of the period for appeal, transfers the received complaint to the court, which will directly consider the case in the second instance.

Here everything will depend on which court of first instance heard the case.

According to the provisions of Art. 389.3 of the Code of Criminal Procedure of the Russian Federation, when it comes to appealing decisions made by magistrates, one must apply to district courts.

If, however, the district or garrison military court acted as the first instance in the consideration of the case, then the decisions made by it are appealed to the supreme court of the republic, the regional (regional) or district (naval) military court.

The newly created courts of appeal of general jurisdiction are considering appeals against decisions of the higher courts of the constituent entities of the Russian Federation, adopted by them as a court of first instance.

If, in the order of first instance, the consideration of the case was carried out by a judge of the Supreme Court of the Russian Federation, then the decision made by him is appealed to the Board of Appeal of the Supreme Court of Russia.

The court that accepted the appeal must independently notify all participants in the process and interested parties about its receipt. At the same time, informed participants in the process have the right to file their objections with the court.

Deadlines for filing an appeal in a criminal case

In criminal proceedings, the deadlines for appealing differ from those in civil proceedings. In accordance with article 389.4 of the Code of Criminal Procedure of the Russian Federation, the above persons have the right to appeal the court decision within 10 days.

But the calculation of this period begins in different ways. As a general rule, the period for appealing a court decision begins from the moment the court issues the appealed decision. If the convicted citizen is held in custody, then the period will be calculated from the moment he receives a copy of the court decision.

Don't know your rights?

It is important to note that if a citizen misses the deadline for appealing against the decision made by the court, then his appeal remains without consideration. However, it remains possible to challenge the decision in the court of cassation or, if the deadline is missed for a good reason, to restore it and still file an appeal.

Remember that until the appeal is considered by the court of appeal, it can be withdrawn - in this case, the appeal proceedings are terminated.

In the case of an additional appeal, it may be filed after the deadline for appeal has expired, but no later than 5 days before the scheduled date of the trial. At the same time, such a complaint cannot contain demands regarding the deterioration of the situation of the convicted citizen, if such requirements were not stated in the first complaint.

The law also establishes the time limits for the commencement of consideration of an appeal in a criminal case. The filed complaint must begin to be considered by the court within the following terms from the date of filing (no later than):

• in the district court - 15 days;
• in a court of a constituent entity of the Russian Federation (regional, regional, etc.) or in a district or naval military court - 30 days;
• by the Court of Appeal of General Jurisdiction and the Supreme Court of the Russian Federation - 45 days.

Appeal information

According to Part 1 of Art. 389.6 of the Code of Criminal Procedure of the Russian Federation, a number of mandatory data must be indicated in an appeal in a criminal case:

• the name of the court that should consider the complaint in the second instance;
• information about the person filing the complaint (full name, status in process, registration at the place of residence);
• an indication of the court decision that is being appealed (case number, date, name of the court that issued the decision);
• an indication of the rights violated by the decision, with references to the relevant legislative norms;
• a list of documents attached to the complaint, as well as the personal signature of the person who filed the complaint, and the date of its filing.

An example of a sample appeal in a criminal case

District Court N

000000, city N, st. Seraya, d. 1

from a civil plaintiff

Ivanov Petr Semenovich

000000, city N, st. Quiet, d. 1, apt. one

APPEALS

By the verdict of the world court of the city of NNN dated October 01, 2019, a citizen of the Russian Federation Petr Vasilyevich Voronov was found guilty of committing a crime under Part 1 of Art. 167 of the Criminal Code of the Russian Federation. In the aforementioned lawsuit, a civil claim was filed for compensation for damages in the amount of 100,000 (one hundred thousand) rubles. The court granted this requirement in part, and the amount equal to 50,000 (fifty thousand) rubles was assigned for payment.

I consider this sentence a violation of part 1 of Art. 1064 of the Civil Code of the Russian Federation, since the estimated cost of work to restore property is 100,000 (one hundred thousand) rubles, which is confirmed by the expert opinion submitted to the court and the testimony of an independent expert.

Based on the foregoing, guided by Art. 389.1-389.3 and 389.6 of the Code of Criminal Procedure,

PLEASE COURT:

• reconsider the verdict against P. V. Voronov in the part concerning the determination of the amount of damage caused, subject to compensation;
• review the evidence presented in the case relating to the determination of the amount of damage;
• call for re-testimony in court an independent expert who assessed the damage caused.

Applications:

• appeal (copy);
• expert opinion (copy);
• photographic evidence of the damage caused.

Signature: (personal signature) Ivanov P.S.

In the domestic judicial system, there are several levels at which cases are conducted. A citizen of the Russian Federation is given the right to challenge the verdict when he categorically disagrees with it. This is usually done through a higher authority. An appeal in any criminal proceedings may be filed by any participants in the event, including the defendant, the plaintiff, the representative of each party, the prosecutor and third parties who are not directly involved in the proceedings of the case, but who have claims to the verdict due to a number of circumstances.

The rules for considering an appeal in criminal proceedings have certain issues and characteristic nuances. The law provides for the possibility for citizens to defend their rights independently. However, few will be able to understand all the intricacies of the legal sphere. That is why it is recommended to contact highly qualified experienced lawyers with special powers to achieve the desired result.

The essence of the appeal process

Through an appeal in criminal proceedings, the convicted person can fully justify himself and get rid of all kinds of charges against him. The complaint of the accused party will make it possible to issue a harsh fair verdict of the court in a particular case, to strengthen the measures of responsibility and influence. A feature of the appeal is the possibility of filing a refutation of the court decision before the document enters into legal force. Similarly, they appeal against court verdicts issued within the same proceeding.

According to the current legislation, the objection is sent to the place where a certain decision was made, or to the judicial authority of the second instance, and is drawn up in writing. The verdict of the justice of the peace is contested only through the regional structures. It is worth knowing that on appeal it is almost impossible to achieve a new decision that relates to a criminal case. At this stage, all the arguments and arguments given, the testimony of witnesses and the evidence base are checked, and the legality of the decisions made is determined. Any new facts and circumstances that have not been previously identified are not subject to consideration here. An additional check analyzes the already existing arguments.

The received example of a complaint in a criminal case for the court is actually the basis for notifying all parties of the review of the sentence. The corresponding notification is sent by mail within the period clearly regulated by law. The citizen filing the objection is obliged to prove that the adopted decision through the court of first instance has obvious contradictions with the domestic Code of Criminal Procedure. You can refuse your own claim, with the execution of the relevant documents. This is feasible at the stage of consideration of the application of the court of second instance, with the conclusion of a settlement agreement with the defendant.

Appeal signs

Today, all court verdicts can be easily reviewed on the basis of certain appellate grounds, as described in more detail in the Code of Criminal Procedure of Russia:

1. The object of an appeal may be both the decision of the verdict and the verdict of the justice of the peace (Article 362, Part 2 of Article 354 of the Code of Criminal Procedure).
2. Review of court decisions that have not entered into force (Part 2 of Article 354 of the Code of Criminal Procedure).
3. Additional work to determine the evidence that appeared and revealed at an earlier date, presented and described in the appeal (Article 365 of the Code of Criminal Procedure).
4. Determination of a lawful and fair court verdict, regarding the legal field, as well as on the actual state of affairs (Part 1, Article 360 ​​of the Code of Criminal Procedure).
5. Turning the proceedings to the worse direction, when the facts of filing complaints by the injured party or the accuser and their representatives were revealed, as well as on the basis of submissions from the prosecutor (part 2 of article 369, part 1 of article 370 of the Code of Criminal Procedure).
6. Consideration of the issue in its essence, in which an addition regarding the court decision or its new version may appear (Part 4, Article 367 of the Code of Criminal Procedure).
7. A period of 14 days is indicated for consideration of proceedings or complaints, starting from the stage of registration and filing (Article 362 of the Code of Criminal Procedure).
8. The participants in the case at this stage are both the parties to the conflict, representatives of the victim and the accused, and third parties, including translators, expert specialists, witnesses and other persons (Part 5 of Article 365 of the Code of Criminal Procedure).

A competent criminal specialist is aware of all the features of the Code of Criminal Procedure of the Russian Federation, which will allow him to profitably use domestic legislation, correctly draw up a complaint and offer optimal recommendations for action in the shortest possible time. Help in this matter can really be obtained from numerous law firms, and via the Internet, in real time.

Rules for contesting a criminal case

Filing an objection to a court decision is very simple and easy. It is important to properly complete the necessary paperwork and meet certain deadlines. After a criminal conviction has been issued, the victim has 10 days to file a complaint. In a situation where the specified period is not met, the received documents may remain without consideration. The lost right to object can really be restored. To do this, you will have to prove that the missed deadlines arose for a good reason. It is realistic to do this through a petition sent to the judge who was the chairman during the consideration of the criminal case.

The presence of a court order or an official with the appropriate authority to refuse and impossibility to restore the missed deadline becomes the basis for applying to a higher authority. At this level, the decision can be canceled and the essence of the complaint considered. If necessary, the proceedings will be sent back to the court for subsequent compliance with the requirements outlined in Article 389.6 of the Criminal Procedure Code of the Russian Federation.

Code of Criminal Procedure, N 174-FZ | Art. 389.6 Code of Criminal Procedure

Article 389.6 of the Code of Criminal Procedure of the Russian Federation. Appeal, submission (current version)

1. An appeal or presentation must contain:

1) the name of the court of appeal, to which the complaint or presentation is filed;

2) data on the person who filed the appeal or presentation, indicating his procedural status, place of residence or location;

3) an indication of the verdict or other judicial decision and the name of the court that passed or delivered it;

4) arguments of the person who filed the appeal or presentation, indicating the grounds provided for in Article 389.15 of this Code;

5) a list of materials attached to the appeal, presentation;

6) the signature of the person who filed the appeal or presentation.

1.1. The person who filed the appeal or presentation, in support of the arguments given in the complaint or presentation, has the right to file a request for the court of appeal to examine the evidence that was examined by the court of first instance, which must be indicated in the complaint or presentation, and provide a list of witnesses, experts and others persons to be summoned to the court session for these purposes. If a petition is filed for the examination of evidence that was not examined by the court of first instance (new evidence), then the person is obliged to substantiate in the appeal or presentation the impossibility of presenting this evidence to the court of first instance.

2. The appeal of a person who is not participating in the criminal case must indicate what rights and legitimate interests of this person have been violated by the court decision.

3. If the convict files a petition for participation in the consideration of the criminal case by the court of appeal, this is indicated in his appeal or in objections to complaints, presentations brought by other participants in the criminal process.

4. In the event that an appeal or presentation does not comply with the requirements established by parts one, one.1 and two of this article, which prevents the consideration of the criminal case, the appeal or presentation shall be returned by the judge, who sets a time limit for their redrawing. If the requirements of the judge are not met and the appeal or presentation is not received within the time period set by the judge, they are considered not filed. In this case, the verdict, other appealed judicial decision shall be deemed to have entered into force.

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Commentary on Art. 389.6 Code of Criminal Procedure

1. The list of requirements for an appeal or presentation contained in this article includes the requirement that they must indicate in them the specific grounds for canceling or changing the sentence, named in Art. 389.15. These include: 1) discrepancy between the conclusions of the court, set out in the verdict, and the actual circumstances of the criminal case, established by the court of first instance; 2) significant violation of the criminal procedure law; 3) incorrect application of the criminal law; 4) unfairness of the sentence. It seems that a convicted person or another person appealing against a court decision cannot always be informed about these grounds and even more so competently disclose them without the help of a professional lawyer. This is especially true of such purely legal grounds as the second and third of the above. Since obtaining qualified legal assistance is a right, and not an obligation of everyone (part 1 of article 48 of the Constitution of the Russian Federation), a person appealing a court decision is not required to know these grounds. Therefore, the legitimacy of imposing on him the obligation to indicate them in the complaint is questionable. In our opinion, it would be quite sufficient to state in the complaint the applicant's arguments in the way he understands them. And it is up to the appellate court to judge whether they comply with the law.

2. This article does not reproduce the situation that existed in Part 3 of Art. 363, that a party has the right, in support of the grounds for the complaint or presentation, or objections to the complaint or presentation of the other party, to submit new materials to the court or to request that the witnesses and experts indicated by it be summoned to court. However, this does not mean that such a right does not exist. In paragraph 2 of part 1 of Art. 389.11 it is expressly stated that the judge in the decision on the appointment of the court session resolves, in particular, the issue of summoning witnesses, experts and other persons to the court session in accordance with the petition of the party stated in the complaint or presentation, if he recognizes this petition as justified. It follows that such a request, if any, must be included by the applicant in the appeal or presentation itself.

3. In paragraph 5, part 1. Article contains an indication of the obligation of the appellant to provide in his complaint (representation) a list of materials attached to it. However, this list is not detailed, in particular, it does not mention the obligation to attach a copy of the appealed judgment to the complaint. This is explained by the fact that the appellate instance itself will demand the entire criminal case together with the verdict, so there is no need for the appellant to submit a copy of it. Otherwise, the said materials may include any information confirming or capable of confirming the arguments of the complaint or presentation, including new materials. Their circle is determined by the appellant at his discretion.

4. At part 3 room. Article states that if the convict makes a petition for participation in the consideration of the criminal case by the court of appeal, this is indicated in his appeal or in objections to complaints, presentations brought by other participants in the criminal process. In our opinion, this provision is not entirely consistent with the principles of oral appeal and the immediacy of the study of evidence here, since it allows for the possibility, in fact, of a trial in absentia, which negates the main potential advantage of the appeal procedure.

In addition, it is not difficult to foresee that many convicts who make complaints on their own, without the help of a lawyer, unknowingly simply will not include such a petition in their complaint, believing their participation in the court session for granted, moreover, completely relying on it. Such regulation directly contradicts the principle of the process enshrined in Part 1 of Art. 11, according to which the court, prosecutor, investigator, interrogator are obliged to explain to the suspect, accused, victim, civil plaintiff, civil defendant, as well as other participants in criminal proceedings their rights, duties and responsibilities and ensure the possibility of exercising these rights.

5. Instructions on office work in force in the courts require that complaints, presentations and written evidence attached to them be submitted to the court with copies according to the number of persons participating in the case, or according to the number of persons whose interests are affected in the complaint. However, such a requirement is contrary to the Code of Criminal Procedure, which does not provide for anything of the kind. In fact, it is very difficult for a convict in custody to comply with this departmental instruction, which really complicates the exercise of his right to defense. What is appropriate in civil and arbitration proceedings is not always applicable in criminal proceedings, where the degree of publicity is higher.

6. What kind of inconsistency of the appeal, submission to the requirements established by the first part of the room. articles that may impede the consideration of a criminal case (part 4)? It seems that among such inconsistencies should, of course, include the absence in the complaint: a) sufficient data about the person who filed the appeal or presentation, for example, surname, whose interests are violated by a court decision), place of residence or location; b) an indication of the verdict or other court decision and the name of the court that decided it (paragraphs 2 and 3 of part 1 of the article).

Judicial practice under Article 389.6 of the Code of Criminal Procedure of the Russian Federation:

• Decision of the Supreme Court: Ruling N 58-APU16-1, Judicial Collegium for Criminal Cases, appeal

  The decisions of the judge dated November 10 and 12, 2015 on bringing the initial appeals filed by the convict in line with the requirements of the criminal procedure law meet the requirements of Art. 389.6 of the Code of Criminal Procedure of the Russian Federation and the rights of the convict to defense does not violate ...

• Decision of the Supreme Court: Ruling N 81-APU13-70, Judicial Collegium for Criminal Cases, appeal

  His "Explanatory Letter" addressed to the judge who delivered the verdict (vol. 7 pp. 219-222) was returned by the court in accordance with part 4 of Art. 3896 of the Code of Criminal Procedure of the Russian Federation with the establishment of a time limit for drawing up an appeal ...

• Decision of the Supreme Court: Ruling N 56-APU15-39SP, Judicial Collegium for Criminal Cases, appeal

Unfortunately, the level of crime in Russia is quite high, and therefore the courts are overwhelmed with criminal cases.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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In addition, the parties to the process do not always agree with the verdict/decision. Whether it can be disputed, we will find out further.

What it is

An appeal is a kind of disagreement of one side of the criminal process with the verdict.

The court, considering a criminal case, takes into account all the facts, materials and evidence collected by the investigating and inquiry bodies.

From this it follows that the criminal case consists of several volumes of written paper.

Therefore, when filing an appeal specifically in a criminal case, it is necessary in the text of the complaint to make a reference to the page numbers and volume numbers of the criminal case.

This is necessary so that the judge, considering the complaint, does not fully study the case, but studies only those facts that the appellant asks to annul. This saves a lot of processing time.

Current legislature

Since the appeal is a procedural document of the criminal process, it is worth focusing on the norms of Chapter 45. 1 of the Criminal Procedure Code of the Russian Federation.

This chapter presents:

1. Deadlines for filing a complaint.
2. The order in which it is considered.
3. content of the appeal.
4. The order of its rejection or leaving without movement.

It is also worth considering the norms of the Federal Law of 02.05.2006 59-FZ “On the Procedure for Considering Appeals from Citizens of the Russian Federation”, since the appeal is written by a citizen, that is, an individual.

What are the rules

For an application to be considered, it must meet the following requirements:

That is, it should not contain:

• blots, mistakes, strikethroughs;
• insulting the honor and dignity of other persons;
• foul language and swear words.

If these rules are not observed, the court may leave the complaint without movement or reject it altogether. The applicant will be notified of this in writing.

Who can apply

Any participant whose rights and interests have been affected by a court verdict may file an appeal in a criminal proceeding.

According to Art. 391.1 of the Code of Criminal Procedure of the Russian Federation, such persons are:

1. The defendant or his defender.
2. Justified or his advocate.
3. State prosecutor.
4. Prosecutor.
5. Victim.
6. Private prosecutor.
7. As well as legal representatives of all the above persons.

If a civil claim is also considered as part of the criminal process, then both the civil plaintiff and the civil defendant can also file an appeal, but only in that part of the verdict that affects this particular process.

Features of different types of applications

Regardless of the court proceedings in which the case was considered, the complaint must comply with the provisions of Art. 389.6 Code of Criminal Procedure.

However, filing a brief complaint is not directly provided for by law. This is such a maneuver by the applicant in order to save the time limit for appealing the court decision.

If you do not take such measures, then you will then have to sue for the restoration of the appeal period. This may take some time.

Video: appealing a court decision - legal advice

Sample letter of appeal in a criminal case

In order to correctly draw up an appeal in a criminal case, you need to have a clear example before your eyes.

The complaint must be drawn up taking into account the norms and provisions of Chapter 45. 1 of the Criminal Procedure Code of the Russian Federation.

The information that must be present in the "body" of the complaint is indicated in Art. 389.6 Code of Criminal Procedure.

A sample appeal against a court verdict in a criminal case can be downloaded.

Document structure

Since the appeal is a procedural document, then it must comply with the requirements that are prescribed in Art. 389.6 Code of Criminal Procedure.

If the appellant deviates from these rules, the court has the right not to accept the complaint for consideration at all or to leave it without movement for a certain period.

This time is given to the applicant in order to correct minor errors. If he does not meet it, the court will reject the appeal and a refund will be issued.

According to the rules, an appeal in a criminal case must contain the following information:

Which court to send

The appeal must be filed with the same court in which the case was heard.

In the office of this court, the document will be properly registered, and only then sent to a higher court.

The court of first instance will check the complaint for compliance with its current legislation.

If there are no deviations from the Code of Criminal Procedure of the Russian Federation, then at the end of the period for appeal, the document will be redirected to the court of second instance.

Which court hears the appeal depends on which court originally heard the case.

According to the provisions of Art. 389.3 Code of Criminal Procedure:

When the court of second instance accepts the appeal for consideration, it will independently notify all participants in the process that such a document has been received.

It is also necessary to convey to the participants in the process the fact that they have the right to file.

Terms of consideration

An appeal must be filed within 10 days from the date of the judgment.

But, if the convicted citizen is in custody, then the period begins to run from the moment he receives a copy of the verdict.

The term of consideration depends on which court it is submitted to:

Brief (preliminary)

A preliminary appeal or is filed so that the participant in the trial does not miss the deadline for filing a "real" complaint.

The purpose of filing a preliminary complaint is to “delay” the deadline for filing a main complaint.

A brief complaint is not a legal document. This is such a maneuver of the applicant if he does not have time to file an appeal within the prescribed time frame.

The general term for filing an appeal is 10 days from the date of the court's decision on the case under consideration.

If the applicant, for some reason, does not fit into this period, he can make such a maneuver.

Otherwise, along with the appeal, he will need to file a request for the restoration of the appeal period.

When the court of second instance decides that this complaint remains without movement, it will indicate the period during which it is necessary to make appropriate adjustments to the document.

This period should be sufficient for the appellant to prepare a “real” appeal.

If he does not meet this deadline, then the brief complaint will be rejected, and the deadline for filing a legal appeal has been missed. Therefore, you need to be careful about correcting errors.

Filing an objection

The court of second instance, having received an appeal for consideration, notifies the parties to the criminal case.

He also explains to everyone that he has the right to file an objection to such a complaint.

The objection is filed in writing, in accordance with the rules for filing an appeal.

If these rules are not met, then the appeal will not be accepted for consideration.